INDIAN CITIZENSHIP.[K]

"Had the settlements of the United States not been extended beyond the frontier of 1867, all the Indians of the continent would to the end of time have found upon the plains an inexhaustible supply of food and clothing. Were the westward course of population to be stayed at the barriers of to-day, notwithstanding the tremendous inroads made upon their hunting-grounds since 1867, the Indians would still have hope of life. But another such five years will see the Indians of Dakota and Montana as poor as the Indians of Nevada and Southern California; that is, reduced to an habitual condition of suffering from want of food. The freedom of expansion which is working these results is to us of incalculable value: to the Indian it is of incalculable cost."â€”Report on Indian Affairs, 1872, p. 10.

Seventh.It is, further, highly desirable, in order to avoid the possibility of an occasional failure in such provision for the immediate wants of the Indians, and for their advancement in the arts of life and industry, and also to secure comprehensiveness and consistency in the general scheme, that the endowments for the several tribes and bands should be capitalized and placed in trust for their benefit, out of the reach of accident or caprice. Annual appropriations for such purposes, according to the humor of Congress, will of necessity be far less effective for good than would an annual income of a much smaller amount, arising from permanent investments.

To a considerable extent this has already been effected. For not a few tribes and bands provision has been made by law and treaty which places them beyond the reach of serious suffering in the future, and which, if their income be judiciously administered, will afford them substantial assistance towards final self-support. Stocks to the value of $4,810,716.83â…” are held by the Secretary of the Interior in trust for certain tribes; while credits to the aggregate amount of $5,905,474.59 are inscribed on the books of the United States Treasury in favor of the same or other tribes, onaccount of the sales of lands, or other consideration received by the government,[J]making a permanent endowment of nearly ten millions of dollars, the Indians sharing in the benefits thereof numbering in the aggregate nearly eighty thousand. Computing the average annual return from these funds at five and one-half per cent, we should have an assured income of five hundred and fifty thousand dollars a year, or about seven dollars for each man, woman, and child. Moreover, most of these tribes have still large bodies of lands which they can dispose of sooner or later, from which funds of twice the amount already secured may by honest and judicious management be realized; so that, taking these eighty thousand Indians as a body, they may be regarded as having a reasonable assurance of funds yielding an annual income of twenty dollars a head. Their general character and condition being considered, this may be accepted as an amply sufficient endowment, placing their future in their own hands, giving them all the opportunities and appliances that could reasonably be asked for them, and securing them against the calamities and reverses which inevitably beset the first stages of industrial progress.

Unfortunately, the same wise provision for the future has not been made in the case of other Indians who have ceded or surrendered to the government the main body of their lands. There is a painfully long list of tribes that have to show for their inheritance only a guaranty on the part of the United States of certain expenditures, more or less beneficial, for a series of years longer or shorter, as the case may be. The Report on Indian Affairs for 1872 (pp. 418-430) states the aggregate of future appropriations that will be required during a limited number of years to pay limited annuities at $15,819,310.46. The annuities covered by this computation have from one to twenty-seven years to run (the average term being about seven years), and embrace almost every variety of goods and services which human ingenuity could suggest. Many of the things stipulated to be given to the Indians, or to be done for them, are admirable in themselves, but far in advance of the present requirements of the tribes; and the expenditures involved are therefore perfectly useless. Other things would be well enough if the Indians could have every thing they wanted, but are absurd and mischievous as taking the place of what is absolutely essential to their well-being.Of other things embraced in the schedule of annual appropriations, it can only be said that the Indians need them no more than a toad needs a pocket-book. For such waste of Indian moneys the responsibility rests in many cases upon the commissioners, who, on the part of the United States, negotiated the treaties under which these appropriations are annually made. Had they been half as solicitous for the future of the Indians as they were for the attainment of the immediate object of negotiation, the government would have been left free to apply the amounts, to be paid in consideration for cessions, in such manner as to make them of substantial benefit; or, better still, the amounts would have been capitalized, and a permanent income secured. As it is, many tribes now see approaching the termination of annuities which have for many years been paid them with the very minimum of advantage, and have no prospect beyond but that of being thrown, uninstructed and unprovided, upon their own barbarous resources.

Let us illustrate. A tribe makes a treaty with the United States, ceding the great body of their lands, and accepting a diminished reservation sufficient for their actual occupation. Inconsideration, it is provided that there shall be maintained upon the reservation, for the term of fifteen years, at the expense of the United States, a superintendent of teaching and two teachers, a superintendent of farming and two farmers, two millers, two blacksmiths, a tinsmith, a gunsmith, a carpenter, and a wagon and plough maker, with shops and material for all these mechanical services. This "little bill" is presumably made up without much reference to the peculiarities in character and condition of the tribe to be benefited by the expenditures involved. As soon as the treaty goes into effect, the United States in good faith fulfil their part of the bargain. The shops are built, the employees enlisted; and the government, through its agent, stands ready to civilize the Indians to almost any extent. But, unfortunately, the Indians are not ready to be civilized. The glow of industrial enthusiasm, which was created by the metaphorical eloquence of the commissioners in council dies away under the first experiment of hard work: an hour at the plough nearly breaks the back of the wild man wholly unused to labor: his pony, a little wilder still, jumps now on one side of the furrow and now on the other, and finally settles the question by kickingitself free of the galling harness, and disappears for the day. The Indian, a sadder and wiser man, betakes himself to the chase, and thereafter only visits the shops, maintained at so much expense by the government, to have his gun repaired, or to get a strap or buckle for his riding-gear. But still the treaty expenditures go on: the United States are every year loyally furnishing what has been stipulated; and the Indian is every year one instalment nearer the termination of all his claims upon the government. Meanwhile, population is closing around the reservation: the animals of the chase are disappearing before the presence of the white man, and the sound of the pioneer's axe: scantier and scantier grow the natural means of subsistence, fainter and fainter the attractions of the chase; and when at last hunger drives the Indian in to the agency, made ready by suffering to learn the white man's ways of life, the provisions of the treaty are well-nigh expired. One, three, or five years pass. All the instalments have been honorably paid: the appropriation committees of Congress, with sighs of relief, cross off the name of the tribe from the list of beneficiaries; and another body of Indians, uninstructed and unprovided, are left to shift for themselves.

The importance of the subject will justify us in dwelling so long upon it. Of the expenditures made within the last twenty years under treaty stipulations, probably not one-half has been directed to uses which the government would have chosen, had it been free to choose. It is most melancholy thus to see the scanty patrimony of this people squandered on worthless objects, or dissipated in efforts necessarily fruitless. The action of Congress at its last session, in authorizing the diversion of sums appropriated under treaty stipulations to other specific uses, at the discretion of the President and with the consent of the Indians, is a step in the right direction. But the time has come for a complete and comprehensive fiscal scheme, looking to the realization from Indian lands of the largest possible avails, and their capitalization and investment upon terms and conditions which will secure the future of the several tribes, so far as human wisdom may be able to feet this.

In addition to the lands held by the eighty thousand Indians who have already been spoken of as amply endowed, there are one hundred thousand square miles of territory yet secured by treaty to Indian tribes aggregating one hundredthousand persons. Besides these, forty thousand Indians enjoy, by executive order, the occupation of other sixty thousand square miles of territory, which, or the substantial equivalent of which, should be secured to them by law for their ultimate endowment. It is to these lands that such a fiscal scheme as has been indicated should be applied. The reservations assigned to tribes and bands are generally proportioned to the needs of the Indians in a roving state, with hunting and fishing as their chief means of subsistence. As the Indians change to agriculture, the effect is to contract the limits of actual occupation, rendering portions available for cession or sale, which with proper management may be so disposed of, without impairing the integrity of the reservation system, as to realize for nearly every tribe and band a fund equal,per capita, to that of many of the civilized tribes of the Indian Territory. But this cannot be done by helter-skelter or haphazard administration. The subject must be taken up as a whole, broadly considered, and intelligently treated, and the scheme which shall be adopted thereafter be regarded as not less sacred than the compromises of the Constitution, or than existing treaty obligations.

For the tribes and bands having no reservations secured to them, separate provision should be made. These number about fifty thousand persons, deduction being made of such as already have their lands in severalty, or as are hopelessly scattered among the settlements. Many of these tribes and bands might, with the assistance of the government, advantageously "buy themselves in" to the privileges of tribes already provided for, without involving any further donation of lands.

Where it is found impracticable thus to place the unprovided bands, the government should secure their location and endowment separately. Their right is no less clear than the right of other tribes which had the fortune to deal with the United States before Congress put an end to the treaty system. We have received the soil from them; and we have extinguished their only means of subsistence. Either consideration would be sufficient to require us, in simple justice, to find them a place and ways to live.

The foregoing constitute what we regard as the essential features of an Indian policy which shall seek positively and actively the reformation of life and manners among the Indians under thecontrol of the government, as opposed to the policy of hastening the time when all these tribes shall be resolved into the body of our citizenship, without seclusion and without restraint, letting such as will, go to the dogs, letting such as can, find a place for themselves in the social and industrial order, the responsibility of the government or our people for the choice of either or the fate of either being boldly denied; suffering, meanwhile, without precaution and without fear, such debasement in blood and manners to be wrought upon the general population of the country as shall be incident to the absorption of this race, relying upon the inherent vigor of our stock to assimilate much and rid itself of more, until, in the course of a few human generations, the native Indians, as a pure race or a distinct people, shall have disappeared from the continent.

The reasons for maintaining that nothing less than a system of moral and industrial education and correction can discharge the government of its obligations to the Indians, or save the white population from an intolerable burden of pauperism, profligacy, and petty crime, have been presented sufficiently at length in this paper. The details of management and instruction need notbe here discussed: most of them are within the administrative discretion of the department charged with Indian affairs; and, where power is wanting to the department, the good feeling of Congress may be safely trusted to give the necessary authority. But the points which have been presented are of vital consequence, and must, if the evils we apprehend are to be prevented, at an early date be embodied in legislation which shall provide means and penalties ample for its own enforcement.

Are the Indians destined to die out? Are we to make such provision as has been indicated, or such other as the wisdom or unwisdom of the country shall determine, for a vanishing race? Or are the original inhabitants of the continent to be represented in the variously and curiously composed population which a century hence will constitute the political body of the United States? If this is to be in any appreciable degree one of the elements of our future population, will it be by mixture and incorporation? Or will the Indian remain a distinct type in our museum of humanity, submitting himself to the necessities of a new condition, adapting himself, as he may be able to do, to the laws and customs of his conquerors, butpreserving his own identity, and making his separate contribution to the life and manners of the nation?

The answers to these questions will depend very much on the course to be followed in the immediate future with respect to the tribes not yet embraced within the limits of States of the Union. If, for the want of a definite and positive policy of instruction and restraint, they are left to scatter under the pressure of hunger, the intrusion of squatters and prospectors, or the seductions of the settlements, there is little doubt that the number of Indians of full blood will rapidly diminish, and the race, as a pure race, soon become extinct. But nothing could be more disastrous than this method of ridding the country of an undesirable element. Not only would it be more cruel to the natives than a war of extermination; but it would entail in the course of its accomplishment a burden of vice, disease, pauperism, and crime upon a score of new States, more intolerable than perpetual alarms or unintermitted war.

But if, on the other hand, the policy of seclusion shall be definitely established by law and rigidly maintained, the Indians will meet their fate, whatever it may be, substantially as a wholeand as a pure race. White men will still be found, so low in natural instincts, or so alienated by misfortunes and wrongs, as to be willing to abandon civilization, and hide themselves in a condition of life where no artificial wants are known, and in communities where public sentiment makes no demand upon any member for aught in the way of achievement or self-advancement. Here such men, even now to be found among the more remote and hostile tribes, will, unless the savage customs of adoption are severely discountenanced by law, find their revenge upon humanity, or escape the tyranny of social observance and requirement. Half-breeds, bearing the names of French, English, and American employees of fur and trading companies, or of refugees from criminal justice "in the settlements," are to be found in almost every tribe and band, however distant. Many of them, grown to man's estate, are among the most daring, adventurous, and influential members of the warlike tribes, seldom wholly free from suspicion on account of their relation on one side to the whites, yet, by the versatility of their talents and the recklessness of their courage, commanding the respect and the fear of the purebloods, and, however incapable of leading thesavages in better courses, powerful in a high degree for mischief.

The white men, who, under the reservation system, are likely to become affiliated with Indian tribes as "squaw men," are, however, probably fewer than the Indian women who will be enticed away from their tribes to become the cooks and concubines of ranchmen. One is surprised even now, while travelling in the Territories, to note the number of cabins around which, in no small families, half-breed children are playing. However moralists or sentimentalists may look upon connections thus formed by men who are in effect beyond the pale of society and of law, they constitute already a distinct feature of border life; nor is any statute likely to prevent Indian women occasionally thus straying from their own people, or to compel their return so long as they are under the protection of white men.

But, while the seclusion of the two races upon the frontier is certain to be thus broken in instances which will form no inconsiderable exception to the rule, the substantial purity of blood may be maintained by an early adjustment of reservations, the concentration of tribes, and the exercise of disciplinary control by their agentsover the movements of wandering parties. Whether, in such an event, the Indians, thus left to meet their fate by themselves, with reasonable provision by the government for their instruction in the arts of life and industry, will waste away in strength and numbers, is a question quite too large to be entered upon here. Popular beliefs and scientific opinion undoubtedly contemplate the gradual if not the speedy decline of Indian tribes when deprived of their traditional freedom of movement, pent up within limits comparatively narrow, and compelled to uncongenial occupations. But there is grave reason to doubt whether these causes are certain to operate in any such degree as to involve the practical extinction of the race within that immediate future on which we are accustomed to speculate, and for which we feel bound to make provision. On the contrary, there are many considerations and not a few facts which fairly intimate a possibility that the Indian may bear restriction as well as the negro has borne emancipation; and, like the negro, after a certain inevitable loss consequent upon a change so great and violent, adapt himself with increased vitality to new conditions. It is true that the transition, compulsory as to a great degree it must be, froma wholly barbarous condition of life, which remains to be effected for the eighty to one hundred thousand Indians still outside the practical scope of the Indian service, is likely to further reduce, for some years to come, the aggregate number of this race; but it is not improbable that this will be coincident with a steady increase among the tribes known as civilized.

In the foregoing discussion of the policy to be pursued in dealing with the Indians of the United States, there has been no disposition to mince matters, or to pick expressions. The facts and considerations deemed essential have been presented bluntly. Some who cannot bear to hear Indians spoken of as savages, or to contemplate the chastisement of marauding bands, may blame our frankness. But we hold fine sentiments to be out of place in respect to a matter like this, which in the present is one of life and death to thousands of our own flesh and blood, and in the future one of incalculable importance to a score of States yet to be formed out of the territory over which the wild tribes of to-day are roaming in fancied independence. The country has a right to the whole naked truth,â€”to learnwhat security our fellow-citizens have for their lives, and also to learn what becomes of the seven millions of dollars annually collected in taxes and disbursed on Indian account.

If the case has been fairly presented, it will doubtless appear to our readers, that, so far as the hostile and semi-hostile Indians are concerned, the government is merely temporizing with a gigantic evil, pocketing its dignity from considerations of humanity and economy, and awaiting the operation of causes both sure and swift, which must within a few years reduce the evil to dimensions in which it can be dealt with on principles more agreeable to the ideas and ways of our people.

For the rest, it will be seen that the United States have, without much order or comprehension, but with a vast amount of good-will, undertaken enterprises involving considerable annual expenditures for the advancement of individual tribes and bands, but that the true permanent scheme for the management and instruction of the whole body of Indians within the control of the government is yet to be created. Let it not for a moment be pretended that the prospect is an agreeable one. Congress and the country might well wish to be well rid of the matter. Nosubject of legislation could be more perplexing and irritating; nor can the outlay involved fail for many years to be a serious burden upon our industry. But the nation cannot escape its responsibility for the future of this race, soon to be thrown in entire helplessness upon our protection. Honor and interest urge the same imperative claim. An unfaithful treatment will only make the evil worse, the burden heavier. In good faith and good feeling we must take up this work of Indian civilization, and, at whatever cost, do our whole duty by this most unhappy people. Better that we should entail a debt upon our posterity on Indian account, were that necessary, than that we should leave them an inheritance of shame. We may have no fear that the dying curse of the red man, outcast and homeless by our fault, will bring barrenness upon the soil that once was his, or dry the streams of the beautiful land that, through so much of evil and of good, has become our patrimony; but surely we shall be clearer in our lives, and freer to meet the glances of our sons and grandsons, if in our generation we do justice and show mercy to a race which has been impoverished that we might be made rich.

[A]From "The North American Review," April, 1873.

[B]The writer does not intend to say that the citizens of the border States are always just or reasonable in their disposition towards the Indians. It cannot be denied, that, in the exasperation of conflict, they often commit atrocities rivalling those of the savages; that, moreover, under the smart of wrong, they are very often indiscriminating in their revenge, and do cruel injustice to peaceful bands; and that, with the recklessness characteristic of border talk, they indulge to a vast extent in denunciations of horrible sound. To this is added, that in such communities are found more than the usual number of persons of a natural malignity of disposition, often refugees from criminal justice, who delight in committing outrages upon the exposed and helpless members of an inferior race. The opinion which the writer has given above is entirely consistent with the present admissions. The animosities felt and expressed are not towards the Indians as Indians, but arise out of the sense of injuries suffered, and the apprehension of further suffering. Were the Indians once rendered, by the extension and strengthening of our settlements, powerless for harm, the easy tolerance, the rough good-nature, and the quick condonement of wrong, which characterize pioneer communities, would speedily reconcile the whites to their presence, and establish relations not wholly unworthy of both parties.

[C]The relations of the Arickareesâ€”or, as they are commonly called, even in official reports, the 'Reesâ€”to the government, form one of the most instructive chapters of Indian history. In 1838 the agent for the Upper Missouri Indian agency, in his annual report to the Department of Indian Affairs, used the following language in respect to this tribe:â€”The Riccaras have long been notorious for their treachery and barbarity, and, within my own recollection, have murdered and pillaged more of our citizens than all the other tribes between the western borders of Missouri and the heads of the Columbia River."â€”Report on Indian Affairs, 1838-9, p. 65.This is language which one might expect from the agent of some exceptionally troublesome band of Sioux. But, to the contrary, in another portion of his report (Ib.p. 64) the same agent says, "No Indians ever manifested a greater degree of friendship for the whites in general, or more respect for our government, than the Sioux." This report was made thirty-four years ago, the limit of one human generation. To-day the Sioux are among the most dangerous and troublesome Indians on the hands of the government, while the Arickarees are our fast friends and allies. Lieut.-Gen. Sheridan, in 1871, writing of these Indians, now located at Fort Berthold, says, "They have always been civil and well disposed, and have been repaid by the government with neglect and starvation. Of all Indians in the country, they were the best entitled to be looked after, and made happy and contented." Something, clearly, has made this difference; and an inquirer would doubtless find here an explanation of no small part of the difficulties which the United-States Government has experienced in dealing with the Indian tribes.

The Riccaras have long been notorious for their treachery and barbarity, and, within my own recollection, have murdered and pillaged more of our citizens than all the other tribes between the western borders of Missouri and the heads of the Columbia River."â€”Report on Indian Affairs, 1838-9, p. 65.

This is language which one might expect from the agent of some exceptionally troublesome band of Sioux. But, to the contrary, in another portion of his report (Ib.p. 64) the same agent says, "No Indians ever manifested a greater degree of friendship for the whites in general, or more respect for our government, than the Sioux." This report was made thirty-four years ago, the limit of one human generation. To-day the Sioux are among the most dangerous and troublesome Indians on the hands of the government, while the Arickarees are our fast friends and allies. Lieut.-Gen. Sheridan, in 1871, writing of these Indians, now located at Fort Berthold, says, "They have always been civil and well disposed, and have been repaid by the government with neglect and starvation. Of all Indians in the country, they were the best entitled to be looked after, and made happy and contented." Something, clearly, has made this difference; and an inquirer would doubtless find here an explanation of no small part of the difficulties which the United-States Government has experienced in dealing with the Indian tribes.

[D]To take one of the most recent examples: Col. Baker's attack upon a Piegan camp in 1869, even though it should be held to be justified on the ground of necessity, must be admitted to be utterly revolting in its conception and execution. Yet no merited chastisement ever wrought more instant and durable effects for good. The Piegans, who had been even more wild and intractable than the Sioux, have since that affair been orderly and peaceable. No complaints whatever are made of their conduct; and they are apparently as good Indians as can be found among the wholly uncivilized tribes.

[E]The Report on Indian Affairs for 1872 shows that, in addition to physicians, clerks, cooks, herders, teamsters, laborers, and interpreters, there are employed at all the agencies eighty-two teachers, eighty farmers, seventy-three blacksmiths, seventy-two carpenters, twenty-two millwrights and millers, seventeen engineers, eleven matrons of manual-labor schools, and three seamstresses.â€”Report, pp. 68-71.

[F]We are speaking of the tribe socially, not politically. Factions and faction wars are known to the Indian as well as to his betters.

[G]Report on Indian Affairs, 1872, p. 84.

[H]The popular and doubtless the correct use of the word "Iroquois" confines it to the Five Nations (subsequently the Six Nations) of New York, which during the third quarter of the seventeenth century destroyed or dispersed successively the Hurons or Wyandots, the nation called (for the want of a more characteristic name) the Neutral Nation, the Andastes of the Susquehanna, and the Eries. These four large and important peoples were closely kindred to the Five Nations; and the term "Iroquois" was long applied to this entire family of tribes. Later in the history of the continent, it embraced only the Five (or Six) Nations for the best of good reasons, as this formidable confederacy had practically annihilated all the other branches of the family. The career of the Iroquois was simply terrific. Between 1649 and 1672 they had, as stated, accomplished the ruin of the four tribes of their own blood, containing in the aggregate a population far more numerous than their own. A feeble remnant, a few score in number, of the Wyandots, now survive, and are represented at Washington by an exceptionally shabby white man, who has received the doubtful honor of adoption into the tribe. These are all the recognizable remains of a nation once estimated to contain thirty thousand. The names of the Eries, the Andastes, and the Neutral Nation do not appear in any treaty with the United States. Many, doubtless, from all these tribes fled to Canada. Considerable numbers were also, according to the custom of the Five Nations, adopted by the conquerors to make good the waste of war.Nor did the Iroquois wait to complete the subjugation of their own kindred, before turning their arms against their Algonquin neighbors. The Delawares (Lenni Lenape, or Original Men) were subjugated almost coincidently with the Hurons; and the same year which brought the downfall of the Andastes witnessed the expulsion of the Shawnees from the valley of the Ohio. Re-enforced in 1712 by the Tuscaroras, a warlike tribe from the South, the Five Nations (now become the Six Nations) carried their conquests east and west, north and south. The tribes confronting the invaders in New England, New Jersey, Pennsylvania, and Virginia were continually disturbed and distracted by their incursions. Taking the part of the English in the wars against the French, they shook all Canada with the fear of their arms, while to the west they extended their sway to the Straits of Michilimackinac and the entrance to Lake Superior. The height of their fame was at the close of the Old French War in 1763. Their decline and downfall, as a power upon the continent, followed with the briefest interval. Reduced by incessant fighting to seventeen hundred warriors, they took the part of England against the Colonies in 1775. The glorious and the terrible incidents of the Indian campaigns of the Revolution are familiar as household words. The peace of 1783 found the Iroquois broken, humbled, homeless, helpless, before the power of the United States, whose pensioners they then became and have since remained. The bulk of these tribes still reside in New York, while fragments of them are found in the extreme West, having removed under the treaty of 1838.Such, in brief, is the history of the Iroquois. They were the scourge of God upon the aborigines of the continent, and were themselves used up, stock, lash, and snapper, in the tremendous flagellation which was administered through them to almost every branch, in turn, of the great Algonquin family. It will not do to say, that, but for the Iroquois, the settlement of the country by the whites would not have taken place; yet assuredly that settlement would have been longer delayed, and have been finally accomplished with far greater expense of blood and treasure, had not the Six Nations, not knowing what they did, gone before in savage blindness and fury, destroying or driving out tribe after tribe which with them might, for more than one generation at least, have stayed the western course of European invasion.

Nor did the Iroquois wait to complete the subjugation of their own kindred, before turning their arms against their Algonquin neighbors. The Delawares (Lenni Lenape, or Original Men) were subjugated almost coincidently with the Hurons; and the same year which brought the downfall of the Andastes witnessed the expulsion of the Shawnees from the valley of the Ohio. Re-enforced in 1712 by the Tuscaroras, a warlike tribe from the South, the Five Nations (now become the Six Nations) carried their conquests east and west, north and south. The tribes confronting the invaders in New England, New Jersey, Pennsylvania, and Virginia were continually disturbed and distracted by their incursions. Taking the part of the English in the wars against the French, they shook all Canada with the fear of their arms, while to the west they extended their sway to the Straits of Michilimackinac and the entrance to Lake Superior. The height of their fame was at the close of the Old French War in 1763. Their decline and downfall, as a power upon the continent, followed with the briefest interval. Reduced by incessant fighting to seventeen hundred warriors, they took the part of England against the Colonies in 1775. The glorious and the terrible incidents of the Indian campaigns of the Revolution are familiar as household words. The peace of 1783 found the Iroquois broken, humbled, homeless, helpless, before the power of the United States, whose pensioners they then became and have since remained. The bulk of these tribes still reside in New York, while fragments of them are found in the extreme West, having removed under the treaty of 1838.

Such, in brief, is the history of the Iroquois. They were the scourge of God upon the aborigines of the continent, and were themselves used up, stock, lash, and snapper, in the tremendous flagellation which was administered through them to almost every branch, in turn, of the great Algonquin family. It will not do to say, that, but for the Iroquois, the settlement of the country by the whites would not have taken place; yet assuredly that settlement would have been longer delayed, and have been finally accomplished with far greater expense of blood and treasure, had not the Six Nations, not knowing what they did, gone before in savage blindness and fury, destroying or driving out tribe after tribe which with them might, for more than one generation at least, have stayed the western course of European invasion.

[I]The impudent character of these invasions will be best shown by a recital of the facts in two cases occurring within the year. In 1870-71 the Osages living in Kansas sold their lands under authority of the government, and accepted a reservation, in lieu thereof, in the Indian Territory. Scarcely had they turned their faces towards their new home when a sort of race began between them and some hundreds of whites, which may be described, in the language of boys, as having for its object "to see which should get there first." In October, 1871, the agent reported that five hundred whites were on the Osage lands, and actually in possession of the Osage village, while the rightful owners were encamped outside. Orders having been issued from the War Department for the removal of these intruders, political pressure was brought to bear upon the executive to prevent the orders from being carried into effect. This effort failing, delay was asked, in view of the hardships to be anticipated from a removal so near winter. This indulgence having been granted, the number of the trespassers continued to increase through the winter, in spite of the notice publicly given of the intentions of the government: so that in the spring of 1872 the military authorities found fifteen hundred persons on the Osage lands in defiance of law. On this occasion, however, the land-robbers had failed in their calculations. The government was in earnest; and the squatters were extruded by the troops of the Department of the Missouri.The other instance referred to is that of an expedition projected and partially organized in Dakota, in 1872, for the purpose of penetrating the Black Hills, for mining and lumbering. Public meetings at which Federal officials attended were held, to create the necessary amount of public enthusiasm; and an invasion of Indian territory was imminent, which would, beyond peradventure, have resulted in a general Sioux war. In this case the emergency was such that the executive acted with great promptness. A proclamation was issued warning evil-disposed persons of the determination of the government to prevent the outrage; and troops were put in position to deal effectively with the marauders. This proved sufficient; and the Black Hills expedition was abandoned.

The other instance referred to is that of an expedition projected and partially organized in Dakota, in 1872, for the purpose of penetrating the Black Hills, for mining and lumbering. Public meetings at which Federal officials attended were held, to create the necessary amount of public enthusiasm; and an invasion of Indian territory was imminent, which would, beyond peradventure, have resulted in a general Sioux war. In this case the emergency was such that the executive acted with great promptness. A proclamation was issued warning evil-disposed persons of the determination of the government to prevent the outrage; and troops were put in position to deal effectively with the marauders. This proved sufficient; and the Black Hills expedition was abandoned.

[J]Report on Indian Affairs, 1872, p. 440.

The proper treatment of the Indian question requires that we deal with the issues arising out of the peculiar relations of the aboriginal tribes of the continent to the now dominant race, in much the same spiritâ€”profoundly philanthropic at bottom, but practical, sceptical, and severe in the discussion of methods and in the maintenance of administrative disciplineâ€”with which all Christian nations, and especially the English-speaking, nations, have learned to meet the kindred difficulties of pauperism. It is in no small degree the lack of such a spirit in the conduct of Indian affairs, which has rendered the efforts and expenditures of our government for the advancement of the race so ineffectual in the past; and for this the blame attaches mainly to the want of correct information and of settled convictions respectingthis subject, among our people at large. So long as the country fluctuates in an alternation of sentimental and brutal impulses, according as the wrongs done to the Indian or the wrongs done by him are at the moment more distinctly in mind, it cannot be wondered at that Congress should be reluctant to undertake the re-organization of the Indian service on any large and lasting plan, or that the Indian Office should hesitate to cut out for itself more work than it can look to make up in the interval between sessions.

What, to take a recent and memorable instance, would have been the fate of any scheme of Indian legislation which was at its parliamentary crisis when the murder of Gen. Canby occurred? The work of years might well have been undone under the popular excitement attendant upon that atrocious deed. Yet it would be quite as rational to denounce the established systems for the care and control of the insane, and to turn all the inmates of our asylums loose upon the community because one maniac had in an access of frenzy murdered his keeper, as it would have been to abandon the established Indian policy of the government, the only fault of which is that it is incomplete, on account of any thingthat Capt. Jack and his companions might do in their furious despair. The more atrocious their deed, the more conspicuous the justification of the system of care and control from which this one small band of desperadoes had for the moment broken free to work such horrid mischief. Yet there is much reason to believe, that, had the Indian service at that time depended, as every service must once a year come to depend, on the votes of Congressmen, it would have failed, temporarily at least, for the want of them. Nor is it only acts of exceptional ferocity on the part of marauding bands, which have sufficed to check all the gracious impulses of the national compassion. The reasons which have existed in the public mind in favor of the Indian policy of the government have not always been found of a sufficiently robust and practical nature to withstand the weariness of sustained effort, and the inevitable disappointments of sanguine expectation; and thus the service has at times suffered from the general indifference scarcely less than from the sharpest revulsions of public feeling.

Much has been said within the past three years, of the Indian policy of the administration; and, if by this is meant that the policy of thegovernment in dealing with the Indians has become more and more one of administration, and less and less one of law, the phrase, with the exception of an article too many, is well enough. As matter of fact, the sole Indian policy of the United States deserving the name was adopted early in the century; and it is only of late years that it has been seriously undermined by the current of events; while it is within the duration of the present administration that the blow has been struck by legislation, at the already tottering structure, which has brought it nearly to its fall.

To throw upon a dozen religious and benevolent societies the responsibility of advising the executive in the appointment of the agents of the Indian service is not a policy. To buy off a few bands, more insolent than the rest, by a wholesale issue of subsistence and the lavish bestowal of presents, without reference to the disposition of the savages to labor for their own support, and even without reference to the good or ill desert of individuals,â€”this, though doubtless expedient in the critical situation of our frontier population, is the merest expediency, not in any sense a policy. Yet the two features specified have been the only ones that have been added tothe scheme of Indian control during the continuance of the present administration; while, on the other side, an irreparable breach has been effected in that scheme by the action of powerful social forces, as well as by the direct legislative contravention of its most vital principle.

From the earliest settlement of the country by the whites, down to 1817, the Colonies, and afterwards the thirteen States, met the emergencies of Indian contact as they arose. The parties to negotiation were often ill-defined, and the forms of procedure much as happened. Not only did each Colony, prior to 1774, conduct its own Indian relations, generally with little or no reference to the engagements or the interests of its white neighbors; but isolated settlements and even enterprising individuals made their own peace with the savages, or received the soil by deed from its native proprietors. Nor on the part of the Indians was there much more regard for strict legitimacy. Local chieftains were not infrequently ready to convey away lands that did not belong to them; and when a Colony grown powerful wished a pretext for usurpation, almost any Indian would do to make a treaty with or get a title from. It is scarcely necessary to say of negotiations thusconducted, that they embraced no general scheme of Indian relations; that they aimed invariably at the accomplishment of immediate and more or less local objects, and often attained these at the cost of much embarrassment in the future, and even at the expense of neighboring settlements and colonies.

Throughout the history of Colonial transactions, we find few traces of any thing like impatience of the claims of the Indians to equality in negotiation and in intercourse. Neither the power nor the character of the aborigines was then despised as now. Strong in his native illusions, his warlike prestige unbroken, the Indian still retained all that natural dignity of bearing which has been found so impressive even in his decline. The early literature of the country testifies to the disposition of the people to hold the more romantic view of the Indian character, even where the animosities of race were deadliest; nor does it seem that the general sentiment of the Colonies regarded the necessity of treating on equal terms with the great confederacies of that day as in any degree more derogatory than the civilized powers of Europe in the same period esteemed the necessity of maintaining diplomatic relations with the great Cossack power of the North. Indeed, the treatywith the Delawares in 1778 actually contemplated the formation of a league of friendly tribes under the hegemony of the Delawares, to constitute the fourteenth State of the confederation then in arms against Great Britain, with a proportional representation in Congress. And this was proposed, not by men accustomed to see negroes voting at the polls, and even sitting in the Senate of the United States, but by our conservative and somewhat aristocratic ancestors.

But after the establishment of our national independence, incidental to which had been the destruction of the warlike power of the "Six Nations," the nearest and most formidable of all the confederacies known to Colonial history, we note a louder tone takenâ€”as was natural enoughâ€”with the aboriginal tribes, a greater readiness to act aggressively, and an increasing confidence in the competency of the white race to populate the whole of this continent. Earlier Indian wars had been in a high sense a struggle for life on the part of the infant settlements: they had been engaged in reluctantly, after being postponed by every expedient and every artifice; but the conquest of the territory north-west of the Ohio appears to have been entered upon more from a statesmanlikecomprehension of the wants of the united and expanding republic, than from the pressure of immediate danger. It was but natural that the concentration of the fighting power of the States, the consciousness of a common destiny, and the cession of the western territory to the general government, should create an impatience of Indian occupation which neither the separate Colonies nor the States, struggling for independence, had felt. Yet even so we do not find that, from 1783 to 1817, the United States did much more than meet the exigency most nearly and clearly at hand.

In the latter year, however, the negotiations for a removal of the Cherokees west of the Mississippi, although commenced under strong pressure from the much-afflicted State of Georgia, and at the time without contemplation of an extension of the system to tribes less immediately in the path of settlement, mark the beginnings of a distinct Indian policy. In 1825 the scheme for the general deportation of the Indians east of the Mississippi was fairly inaugurated in the presidency of Mr. Monroe; Mr. Calhoun, his secretary of war, proposing the details of the measure. In 1834 the policy thus inaugurated was completedby the passage of the Indian Intercourse Act, though large numbers still remained to be transported West.

The features of this policy were first, the removal of the tribes beyond the limits of settlement; second, the assignment to them in perpetuity, under solemn treaty sanctions, of land sufficient to enable them to subsist by fishing and hunting, by stock-raising, or by agriculture, according to their habits and proclivities; third, their seclusion from the whites by stringent laws forbidding intercourse; fourth, the government of the Indians through their own tribal organizations, and according to their own customs and laws.

This policy, the character and relations of the two races being taken into account, we must pronounce one of sound and far-reaching statesmanship, notwithstanding that an advance of population altogether unprecedented in history has already made much of it obsolete, and rendered necessary a general re-adjustment of its details.

The first event which impaired the integrity of the scheme of President Monroe was the flight of the Mormons, under the pressure of social persecution, across the Plains in 1847. The success of this people in treating with the Indians hasoften been noted, and has been made the occasion of many unjust reflections upon the United States, as if a popular government, giving, both of necessity and of choice, the largest liberty to pioneer enterprise, could be reasonably expected to preserve peaceful relations with remote bands of savages as effectively as a political and religious despotism, keeping its membership compact and close in hand. But, while the Mormons have certainly been successful in maintaining good terms with the natives of the plains, it is not so certain that their influence upon the Indians has been advantageous to the government, or to the white settlers not of the church. It clearly has been for their interest to attach the natives to themselves rather than to the government; it clearly has been in their power to direct a great many agencies to that end; and it will probably require more faith in Mormon virtue than the majority of us possess to keep alive much of a doubt that they have actually done so. We certainly have the opinion of many persons well informed that it has been the constant policy of the Latter-Day Saints to teach the Indians to look to them rather than to the government as their benefactors and their protectors; to represent, as far as possiblethrough agents and interpreters in their interest, the goods and supplies received from the United States as derived from the bounty of the church; to stir up, for special purposes or for general ends, troubles between the natives and the encroaching whites, east, west, and south; and, finally, so to alienate from the government and attach to themselves the Utes, Shoshones and Bannocks, as to assure themselves of their aid in the not improbable event of a last desperate struggle for life with the power of the United States.

The next event historically which tended to the disruption of the policy of seclusion was the discovery of gold upon the Pacific slope, which in three years replaced the few insinuating priests and indolentrancheros, who had previously formed the white population of the coast, with a hundred thousand eager gold-hunters. That the access of such a populationâ€”bold, adventurous, prompt to violence, reckless, and too often wantonly unjust and cruelâ€”should stir up trouble and strife with the sixty thousand natives, upon whom they pressed at every point in their eager search for the precious metals, was a thing of course. The Oregon War followed, and occasional affairs like that at Ben Wright's Cave, leaving a heritage ofhate from which such fruits as the recent Modoc War are not inaptly gathered.

In 1855-6 occurred the great movement, mainly under a political impulse, which carried population beyond the Missouri. In two or three years the tribes and bands which were native to Kansas and Nebraska, as well as those which had been removed from States east of the Mississippi, were suffering the worst effects of white intrusion. Of the Free-State party, not a few zealous members seemed disposed to compensate themselves for their benevolent efforts on behalf of the negro by crowding the Indian to the wall; while the slavery propagandists steadily maintained their consistency by impartially persecuting the members of both the inferior races.

Thus far we have shown how, instead of the natural boundary between the races which was contemplated in the establishment of the Indian policy of the government under Pres. Monroe, two lines of settlement had, prior to 1860, been pushed against the Indians,â€”one eastward from the Pacific, one westward from the Missouri, driving the natives in many cases from the soil guaranteed to them by treaty, and otherwise leaving them at a hundred points in dangerous contactwith a border population not apt to be nice in its sense of justice, or slow to retaliate real or fancied injuries; while, during the same period, a colony of religious fanatics, foreign to the faith, and very largely also to the blood, of our people, was planted in the very heart of the Indian country, with passions strongly aroused against the government, and with interests opposed to the peace and security of the frontier.

But it was not until after the Civil War that the progress of events dealt its heaviest blow at the policy of Indian seclusion. In 1867-8 the great plough of industrial civilization drew its deep furrow across the continent, from the Missouri to the Pacific, as a sign of dissolution to the immemorial possessors of the soil. Already the Pacific Railroad has brought changes which, without it, might have been delayed for half a century. Not only has the line of settlement been made continuous from Omaha to Sacramento, so far as the character of the soil will permit; but from a score of points upon the railroad population has gone north and gone south, following up the courses of the streams, and searching out every trace of gold upon the mountains, till recesses have been penetrated which five years ago were scarcely knownto trappers and guides, and lodgement has been effected upon many even of the more remote reservations. The natural effects of this introduction by the railroad of white population into the Indian country have not yet been wholly wrought. There are still reservations where the seclusion of the Indians is practically maintained by the ill-repressed hostility of tribes; some, where the same result is secured by the barrenness or inaccessibility of the regions in which they are situated; but it is evident that the lapse of another such five years will find every reservation between the Mississippi River and the Rocky Mountains surrounded, and to a degree penetrated, by prospectors and pioneers, miners, ranchmen, or traders. Against the intrusion of these classes, in the numbers in which they are now appearing in the Indian country, the Intercourse Act of 1834 is wholly ineffective. It was an admirable weapon against the single intruder: it avails nothing against the lawless combinations of squatter territories.

While the movements of population have thus in great part destroyed, and threaten soon utterly to destroy, at once the seclusion in which it was hoped the native tribes might find opportunity for the development of their better qualities, and thenatural resources to which, in the long interval that must precede the achievement of true industrial independence by a people taught through centuries of barbarous traditions to despise labor, the Indian might look for subsistence, Congress in 1871 struck the severest blow that remained to be given to the Indian policy, in its fourth great feature,â€”that of the self-government of tribes according to their own laws and customs,â€”by declaring that "Hereafter no Indian nation or tribe within the territory of the United States shall be acknowledged or recognized as an independent nation, tribe, or power, with whom the United States may contract by treaty."

In the face of three hundred and eighty-two treaties with Indian tribes, ratified by the Senate as are treaties with foreign powers, this may perhaps be accepted as quite the most conspicuous illustration in history of the adage, "Circumstances alter cases."[L]Since Anthony Wayne receivedthe cession of pretty much the whole State of Ohio from the Wyandots, Delawares, and Shawnees, times have indeed changed; and it is fitting that we should change with them. The declaration of Congress is well enough on grounds of justice and national honor; but it none the less aims a deadly blow at the tribal autonomy which was made a vital part of the original scheme of Indian control. The declaration cited does not in terms deny the self-sufficiency of the tribe for the purposes of internal self-government; but the immediate necessary effect of it is further to weaken the already waning power of the chiefs, while Congress yet fails to furnish any substitute for their authority, either by providing for theorganization of the tribes on more democratic principles, with direct responsibility to the government, or by arming the Indian agents with magisterial powers adequate to the exigency.

Under the traditional policy of the United States, the Indian agent was a minister resident to a "domestic dependent nation." The Act of March 3, 1871, destroys the nationality, and leaves the agent in the anomalous position of finding no authority within the tribe to which he can address himself, yet having in himself no legal authority over the tribe or the members of it. It is true, that, as matter of fact, agents, some in greater and some in less degree, continue to exercise control after a fashion over the movements of tribes and bands. This is partly due to the force of habit, partly to superior intelligence, partly to the discretion which the agent exercises in the distribution of the government's bounty; but every year the control becomes less effectual, and agents and chiefs complain more and more that they cannot hold the young braves in check.

The above recital, however tedious, has been necessary in order to set fairly forth the actual condition of the scheme of seclusion, which is still, in profession and seeming, the policy of thegovernment. It must be evident from the recital, that the purposes of this policy are not being answered, and that the increasing difficulties of the situation in the wider and closer contact of the two races will soon compel Congress to review the whole field of Indian affairs, and establish relations, which, if they cannot in the nature of things be permanent, will at least have reference to the facts of the present, and the probabilities of the immediate future. Whenever Congress shall take up in earnest this question of the disposition to be made of the Indian tribes, its choice will clearly be between two antagonistic schemes,â€”seclusion and citizenship. Either the government must place the Indians upon narrower reservations, proportioned to their requirements for subsistence by agriculture, and no longer by the chase,â€”reservations which shall be located with the view of avoiding as much as possible the contact of the races, and working as little hindrance as may be to the otherwise free development of population; and around these put up the barriers of forty years ago, re-enforced as the changed circumstances seem to require: or the government must prepare to receive the Indians into the body of the people, freely accepting, for them and for the generalcommunity, all the dangers and inconveniences of personal contact and legal equality. No middle ground is tenable. If substantial seclusion is not to be maintained, at any cost, by the sequestration of tribes and by the rigid prohibition of intercourse, it is worse than useless to keep up the forms of reservations and non-intercourse. Many tribes are already as fully subject to all the debasing influences of contact with the whites as they could be if dispersed among the body of citizens; while yet they are without any of the advantages popularly attributed to citizenship.

It requires no deep knowledge of human nature, and no very extensive review of Congressional legislation, to assure us that many and powerful interests will oppose themselves to a re-adjustment of the Indian tribes between the Missouri and the Pacific, under the policy of seclusion and non-intercourse. Railroad enterprises, mining enterprises, and land enterprises of every name, will find any scheme that shall be seriously proposed to be quite the most objectionable of all that could be offered: every State, and every Territory that aspires to become a State, will strive to keep the Indians as far as possible from its own borders; while powerful combinations of speculators willmake their fight for the last acre of Indian lands with just as much rapacity as if they had not already, in Western phrase, "gobbled" a hundred thousand square miles of it.

In addition to the political, industrial, and speculative interests which will thus oppose the restoration of the policy of Indian seclusion from the shattered condition to which the events just recited have reduced it, three classes of persons may be counted on to lend their support to the plan of introducing the Indians, who have thus far been treated as "the wards of the nation," directly into the body of our citizenship. We have, first, those who have become impatient of the demands made upon the time of Congress and the attention of the people in the name of the Indians, and who wish, once for all, to have done with them. Such impatience is neither unnatural nor wholly unreasonable. It must be confessed that no good work ever made heavier drafts upon the faith and patience of the philanthropic. What with the triviality of the Indian character, the absurd punctilio with which, in his lowest estate, he insists on embarrassing the most ordinary business, and his devotion to sentiments utterly repugnant to our social and industrial genius; what, again, with theendless variety of tribal relations and tribal claims, and the complexity of tribal interests, aggravated by jealousy and suspicion where no previous intercourse has existed, and by feuds and traditions of hatred where intercourse has existed,â€”the conduct of Indian affairs, whether in legislation or in administration, is in no small degree perplexing and irritating. The Indian treaties prior to 1842 make up one entire volume of the General Statutes, while the treaties and Indian laws since that date would fill two volumes of equal size. It cannot be denied that this is taking a good deal of trouble for a very small and not very useful portion of the population of the country: and it is not to be wondered at that many citizens, and not a few Congressmen, are much disposed to cut the knot instead of untying it, and summarily dismiss the Indian as the subject of peculiar consideration, by enfranchising him, not for any good it may do to him, but for the relief of our legislation.

Next, we have that large and increasing class of Americans, who, either from natural bias, or from the severe political shocks of the last twelve years, have accepted what we may call the politics of despair, by which is meant, not so much a belief in any definite ill fortune for the Republic, as aconviction that the United States are being borne on to an end not seen, by a current which it is impossible to resist; that it is futile longer to seek to interpose restraints upon the rate of this progress, or to change its direction; that the nation has already gone far outside the traditional limits of safe political navigation, and is taking its course, for weal or woe, across an unknown sea, not unlike that little squadron which sailed out from the Straits of Saltez on the 3d of August, 1492. Many of the persons now holding these views were formerly among the most conservative of our people; but emancipation, negro suffrage, and the consolidation of power consequent upon the war, have wholly unsettled their convictions, leaving them either hopeless of the Republic, or, as temperament serves, eager to crowd on sail, and prove at once the worst and the best of fortune. In this despair of conservative methods, some of these men have acquired an oddly objective way of looking at their country, which to every man ought to be a part of himself, and have apparently as much of a curious as of a patriotic interest in watching the development of the new forms and forces of national life. Men of this class (and they are not few) are not likely to hesitate inextending to the Indians citizenship and the ballot. A little more or less, they think, can make no difference. After negro suffrage, any thing.

Finally, we have a class of persons, who, from no impatience of the subject, and from no indifference to the welfare of the aborigines, will oppose the policy of seclusion, as an anomaly not to be tolerated in our form of government. These are men who cannot bear, that, from any assumed necessity or for any supposed advantage, exception should be made of any class of inhabitants, or in respect to any portion of territory, to the rule of uniform rights and responsibilities, and of absolute freedom of movement, contract, and intercourse, the whole nation and the whole land over. Were the Indians ten times as numerous, were their claims to consideration stronger by no matter how much, and were the importance to them of seclusion far more clear than it appears, these political philosophers would steadily oppose the scheme. They might regret the mischiefs which would result to the Indian from exposure to corrupting influences; they might be disposed to favor the most liberal allowances from the public treasury, in compensation to him for his lands, and for his industrial endowment: but they would none theless relentlessly insist that the red man should take his equal chance with white and black, with all the privileges and all the responsibilities of political manhood.

In view of the likelihood that the expediency of Indian citizenship will thus become at an early date a practical legislative question, it seems desirable in the connection to state the constitutional relations of the subject. The judicial decisions are somewhat confused, although, from the date (1831) of the decision of Chief-Justice Marshall in the Cherokee Nation vs. the State of Georgia (5 Peters, 1), to that (1870) of the decision in the Cherokee Tobacco (11 Wallace, 616), there has been a marked progress (note especially the decision of Chief-Justice Taney in the United States vs. Rogers, 4 Howard, 567) towards the stronger affirmation of the complete and sufficient sovereignty of the United States. Yet in December, 1870, the Judiciary Committee of the Senate, Carpenter presenting the Report, after an incomplete, and in some respects an inaccurate and inconsequential[M]recital of judicial opinions, made the following startling announcement:â€”

"Inasmuch as the Constitution treats Indian tribes as belonging to the rank of nations capable of making treaties, it is evident that an act of Congress which should assume to treat the members of a tribe as subject to the municipal jurisdiction of the United States would be unconstitutional and void."

That this is not good law need not be argued, inasmuch as the decisions previously cited in the United Statesvs.Rogers and in the Cherokee Tobacco, assert the complete sovereignty of the United States in strong terms[N]; in the latter, the doctrine being explicitly affirmed, that not onlydoes the capability of making a treaty with the United States, which has been held to reside in an Indian tribe, not exempt that tribe from the legislative power of Congress, but that not even a treaty made and ratified, among the stipulations of which is such an exemption, even were that exemption the consideration for cessions the benefit of which the United States has enjoyed and continues to enjoy, can hinder Congress from at any time extending its complete legislative control over the tribe. Considerations of good faith may influence individual Congressmen in such a case; but the constitutional competence of Congress in the premises is declared to be beyond question.

Nor is the extraordinary proposition of the Committee's report better in reason than in law. The argument is in effect this: The United States makes treaties with foreign nations; the United States cannot legislate for foreign nations; the United States may make treaties with Indian tribes: ergo,the United States cannot legislate for Indian tribes. This course of reasoning implies that the sole objection to the United States legislating for foreign nations is, that they makes treaties with them: whereas there are several other good and sufficient objections thereto. It also implies that the sole consideration for the United States treating with Indian tribes, called by Chief-Justice Marshall "domestic dependent nations," is, that they cannot legislate for them: whereas the real consideration has been one of practical convenience, not of legislative competence.

We shall best set forth the constitutional relations of this subject by presenting the premises, whether of fact or of law, upon which all the judicial decisions relative thereto have been founded.

1. As matter of fact, the European powers engaged in the discovery and conquest of the New World left with the Indian tribes the regulation of their own domestic concerns, while claiming the sovereignty of the soil occupied by them. The Indian tribes thus continued to act as separate political communities.[O]

2. The Constitution of the United States excludes from the basis of Congressional representation "Indians not taxed," without further defining the same.

3. The Congress of the United States has, with a few recent exceptions, treated Indians in tribal relations as without the municipal jurisdiction of the United States.

4. The Senate of the United States has confirmed nearly four hundred treaties, negotiated by the executive, under the general treaty-making powers conferred by the Constitution, with tribes which embrace about three-fifths of the present Indian population of the United States. The House of Representatives has, from the foundation of the government, as occasion required, originated bills for the appropriation of moneys to carry out the provisions of such treaties.

This comprises all that is essential in this connection. Theindiciagathered from particular acts of the government, or from the phraseologyof individual treaties, really add nothing to the above.

We believe the following propositions to be consistent with the facts of history and with the latest judicial decisions.

1. The exclusion by the Constitution of "Indians not taxed" from the basis of representation was in no sense a guaranty to the Indian tribes of their political autonomy, but was a provision in the interest of an equitable apportionment of political power among the States, some States having many Indians within their limits, others few or none.

2. The self-government enjoyed by the Indian tribes under the Constitution of the United States, as under the European powers, has always been a government by sufferance, by toleration, by permission. The United States, for their own convenience, have allowed this self-government, because to reduce the savages to the condition of submitting to civilized laws would have involved a great expense of blood and treasure; while through the tribal organization a much better government, for the purposes of the civilized power if not for the welfare of the Indians themselves, could be obtained, than through an administration which should disregard that organization. But thistoleration of savage self-government worked no prejudice to the sovereignty of the United States.

3. The decay of a tribe in numbers and in cohesion, no matter to what extent carried, does not bring the members of such tribe within the municipal jurisdiction of the State wherein they are found, so long as the tribal organization continues to be recognized by the National Government. See the Kansas Indians, 5 Wallace, 737.

4. Congress is constitutionally competent to extend the laws of the United States at once over every Indian tribe within the Territories, if not within the States of the Union, even though treaties may guarantee to individual tribes complete and perpetual political independence; the breach of faith involved in the latter case being matter for possible conscientious scruples on the part of legislators, not for judicial cognizance. See 11 Wallace, 616; 2 Curtis, 454; 1 Woolworth, 155.

We have thought it important thus to review the doctrine of the Report of the Senate Judiciary Committee, because, from the high standing of the Committee, from the assumption which the Report[P]makes of completeness in the citation of"treaties, laws, and judicial decisions" pertinent to the subject, on the express ground of a desire to enlighten, not only Congress, but the country, in respect to our Indian relations, and from the wide circulation given to the Report, as compared with that obtained by an ordinary decision of the Circuit or Supreme Court of the United States, the Report has apparently come to be accepted by Congress and the country as an authoritative exposition of the history and law of the subject although, in the very month in which it was submitted to Congress, the Supreme Court, in the Cherokee Tobacco, pronounced a doctrine which cuts up that of the Report, root and branch.

Such being the constitutional competence of Congress to deal with the Indians, withoutrestraint either from the self-government hitherto permitted them, or from treaties to which the United States are a party, it is for Congress to decide, firstly, what the good faith of the nation requires, and, secondly, what course will best accomplish the social and industrial elevation of the native tribes, with due consideration had for the interests of the present body of citizens.

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